Overview

Alternative Dispute Resolution (ADR) is an effective tool for employees, managers and supervisors in resolving various employee conflicts and disputes. It is an alternative to traditional methods of early intervention and dispute resolution. ADR provides parties the chance to present complete details of an issue in dispute, and allows the parties the opportunity to hear each other’s view points. An essential element of ADR however is that it provides parties the opportunity to identify common ground and concurrences and prepare mutually acceptable options to resolve disputed issues. These sessions, while voluntary, are highly encouraged due to their success rate, however not all situations are suitable for mediation. The advantage of mediation over more traditional complaint procedures is that it provides an environment for creative problem solving between the parties. The mediation session is private and confidential. The CADRP uses mediators from the Interagency Sharing Neutrals Program for headquarters employees and the Federal Executive Board for employees in the regions. Through the skilled assistance of the mediator, parties are encouraged to listen, be empathetic, mediate in good faith, suspend preconceived judgments, respect each other’s values, negotiate without holding to a fixed position, and focus on resolving the underlying conflict.

Frequently Asked Questions

Approximately 80% of mediated cases are resolved. Participants express a high degree of satisfaction with the fair and efficient process that avoids the stress of a lengthy investigation and possible litigation.

A CADRP mediation involves a workplace or employment-related dispute, such as an EEO complaint or grievance. The trained mediator comes from a different federal agency to assure impartiality and may be assisted by a co-mediator.

The mediators will facilitate the mediation process to help the parties reach a resolution of their dispute. The mediator will not decide the case or dictate the terms of a settlement. Both parties win and there is no loser, if agreement occurs.

Also, EEOC Notice 915.002 of 1995 stated, “The Equal Employment Opportunity Commission (EEOC) is firmly committed to using alternative methods for resolving disputes in all of its activities…ADR can provide faster, less expensive and contentious, and more productive results.”

Since November 1999, EEOC Regulation 29 CFR Part 1614 has required federal agencies to make an ADR program available during the EEO pre-complaint and formal complaint processes.

In the middle phase, the parties have a joint discussion with clarifying questions asked and potential solutions discussed.

Sometimes, the mediator will meet privately (caucus) with each participant.

Information discussed in caucus is confidential and will generally not be shared with anyone else.

Caucuses may include "reality checking" (objective assessment of your position, for the demands and expectations) or to afford the supervisor or manager to obtain technical or administrative guidance from their human resources specialist or the Office of General Counsel.

Then the mediator may reconvene the joint session and determine if there is any area of agreement on any issue.

If not, the parties may continue to negotiate, possibly re-caucusing with the mediator, until it is clear if a settlement is going to emerge.

Either party may consult with representatives regarding the proposed settlement agreement.

Once you have reached an agreement on all or some of the issues being mediated, the mediator will draft an agreement acceptable to all parties and representatives.

If the mediation originated from an EEO complaint, the mediator will provide a draft template that contains standard language typical of an EEO settlement. See page 14 for a sample agreement under the EEO complaint process.

For agreements reached out of a work place dispute, the mediator will provide a draft template that contains language less stringent that an EEO Complaint Agreement. See page 17 for a sample Work Place Dispute Agreement.

It’s important to remember that settlement terms reached must be satisfactory to both sides and are with Federal rules and regulations.

Both parties should pay particular attention to the terms reached to make sure that your intentions are stated clearly to those reviewing the agreement, and clear to each of the parties a year from signatures.

Appropriate management or legal personnel often review and approve the terms before they are effective.

Settlement Agreements are not final until the Office of General Counsel complete a sufficiency review, that is do the terms agreed to meet legal requirements.

If you tell the mediator something in private and ask me to keep it confidential, mediators are bound by law not to disclose this information voluntarily.

A few rare exceptions exist, for example, the mediator may have to share information with authorities, if an individual said that they committed a crime or act of fraud, waste, or abuse, or they plan to commit a violent physical act,

The session is neither tape-recorded nor transcribed; after the session, notes and document copies are destroyed.

The mediation agreement and the resulting settlement agreement are not completely confidential, because officials have to review the agreement before it becomes binding on the agency.

The disputant may not request information from the mediator in any future legal proceeding, if the mediation does not resolve the dispute. 5 USC 574 contains full information.

CADRP mediators follow the Model Standards of Conduct for Mediators issued by the American Arbitration Association (AAA); the American Bar Association (ABA); and the Society of Professionals in Dispute Resolution (SPIDR now part of ACR, Association for Conflict Resolution.

Conflicts of Interest: A conflict of interest is a dealing, relationship, or interest in the controversy or its outcome that may create bias or the perception of possible bias. The mediator discloses all actual and potential conflicts. If all parties agree, the mediation may proceed. If the conflict of interest casts doubt on the integrity of the process, the mediator declines to proceed.

Confidentiality: The mediator shall not voluntarily disclose any matter that a party expects to be confidential unless given permission by all parties or unless required by law. All CADRP evaluation forms and program records are seen only by the CADRP Coordinator.

Quality of the Process: The mediator has the proper training and experience and conducts the session timely, fairly, and diligently.

CADRP provides FREE mediation when both parties request it. Trained CADRP mediators are federal employees paid by their home agencies or private mediators providing Pro Bono services. The Census Bureau will reimburse the mediator for local travel, e.g., mileage. The only condition of participation is that all parties (disputants), CADRP mediators, and Federal agency coordinators, complete program evaluation forms after the mediation and forward them to the ADR Coordinator. This confidential information is used only to assess and improve CADRP.

Approximately 80% of mediated cases are resolved. Participants express a high degree of satisfaction with the fair and efficient process that avoids the stress of a lengthy investigation and possible litigation.

This symbol indicates a link to a non-government web site. Our linking to these sites does not constitute an endorsement of any products, services or the information found on them. Once you link to another site you are subject to the policies of the new site.